Legislator Case Law & Legislation
I PKN 117/00 AI generated

Failure to inform employee of appeal rights and deadline excuses employer's violation of dismissal rules.

Case Number I PKN 117/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the employee's reinstatement claim due to procedural errors by the employer. The court found that the employer failed to inform the sick employee of her right to appeal the dismissal and the specific deadline for doing so. Consequently, the Supreme Court ruled that this lack of notification constituted a valid excuse for the employer's procedural violation regarding the dismissal timeline.

Legislator headnote

AI generated

Art. 264 § 1 KP; Art. 30 § 4 KP; Art. 41 KP: Failure to inform an employee of the right to appeal a dismissal and the deadline for exercising that right constitutes a circumstance justifying the employer's procedural violation of the statutory appeal period.

Keywords

AI generated
dismissal procedure employee appeal rights notification obligation statutory appeal period justification for violation labor law procedure reinstatement claim

Cited Legislation

AI generated
Art. 264 § 1 KP
Art. 30 § 4 KP
Art. 41 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated
I PZP 68/92

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text